Background: Reports and records of autopsies are confidential. The following may examine and obtain copies of the records or reports:

the personal representative of an estate;
a family member;
the attending physician or advanced registered nurse practitioner;
the prosecuting attorney or law enforcement agencies having jurisdiction;
public health officials; and
the Department of Labor and Industries.

The Department of Social and Health Services (DSHS) must conduct a child fatality review (CFR) on the unexpected death of a child who is in the care of DSHS or a supervising agency at the time of the death, or within the 12 months preceding the child's death, if the child had been in the custody of or received services from DSHS. At the conclusion of the CFR, DSHS must issue a report on the results of the review within 180 days unless an extension is granted by the Governor. DSHS must create a public website where all CFRs required under this section are to be posted and maintained. If the fatality is the result of apparent abuse or neglect by the child's parent or caregiver, DSHS must ensure that the fatality team is comprised of individuals who had no previous involvement in the case and whose expertise is pertinent to the dynamics of the case.

DSHS must notify the Office of the Family and Children's Ombudsman (OFCO) in the event a child in its care, or who had been in its care or received services within the last 12 months, has been involved in a near fatality.

Summary of Bill (Recommended Substitute): DSHS is added as an agency that has access to confidential autopsy reports and records.

DSHS must conduct a CFR when there is a fatality of a child, suspected to be caused by abuse or neglect, and who: (1) is in the care of or receiving services from DSHS or a supervising agency at the time of the fatality; or (2) during the preceding year, was receiving care or services from DSHS or a supervising agency. DSHS must consult with OFCO to determine whether a CFR should be conducted in any case in which it is not clear that the fatality was caused by abuse or neglect.

A CFR posted on the DSHS website is subject to public disclosure except that DSHS may redact confidential information.

DSHS may conduct a review of a near fatality at its discretion or at the request of OFCO. The near fatality review process applies also to near fatalities that occurred while in the care of or receiving services from a supervising agency.

In any CFR of a fatality or near fatality of a child placed with or receiving services from a supervising agency, DSHS and the child fatality team have access to all records and files regarding the child or that are otherwise relevant to the review that was produced or retained by the supervising agency.

A CFR is subject to discovery in a civil or administrative proceeding but cannot be admitted into evidence or otherwise used in a civil or administrative proceeding. A DSHS employee responsible for conducting a CFR or a near fatality review cannot be examined in a civil or administrative proceeding regarding the following:

the work of the child fatality or near fatality review team;
the incident under review;
his or her statements, deliberations, thoughts, analyses, or impressions of any other member of the review team or any person who provided information to the review team relating to the work of the review or incident under review; and
the statements, deliberations, thoughts, analyses or impressions of any other member of the review team or any person who provided information to the review team related to the work of the review team.

Documents prepared by or for a CFR or near fatality review are inadmissible and cannot be used in a civil or administrative proceeding. Any document that existed before its use or consideration in a review, or that is created independently of such review, does not become inadmissible simply because it was reviewed or used by the review team.

If a person was interviewed by, or provided a statement for the review team, this alone does not make him or her unavailable as a witness. But if called as a witness, a person cannot be examined regarding the person's interactions with the review team. The person may testify fully in any proceeding regarding his or her knowledge of the incident under review.

The above restrictions do not apply in a licensing or disciplinary proceeding arising from an agency's effort to suspend or revoke the license of any professional based upon allegations of wrongdoing in connection with the minor's death or near fatality reviewed by the review team.

Staff Summary of Public Testimony on Original Bill: PRO: This bill would narrow the cases for which a fatality review must be held but Children's Administration (CA) will work closely with OFCO to determine whether reviews should be held in near-fatality and expected death fatality cases. The bill also limits the liability of review members in civil and administrative hearings which will allay some concerns expressed by review team members.

OTHER: The bill seems to state that only those fatality records posted on the DSHS website are subject to public disclosure - this should be changed so that all fatality reviews are subject to public disclosure. How a review report is treated on the web should not be the reason a report is subject to public disclosure. Near fatalities reports, appropriately redacted, should also be subject to public disclosure.